High Court Kerala High Court

The Kerala Federation Of The Blind vs The State Of Kerala on 6 May, 2008

Kerala High Court
The Kerala Federation Of The Blind vs The State Of Kerala on 6 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37281 of 2007(L)


1. THE KERALA FEDERATION OF THE BLIND,
                      ...  Petitioner
2. ROSILY A.O., D/O.LATE OUSEPH,
3. C.M.SHALI, S/O.C.M.MAKKAR,

                        Vs



1. THE STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. THE PRINCIPAL SECRETARY,

3. THE PRINCIPAL SECRETARY,

                For Petitioner  :SRI.K.I.ABDUL RASHEED

                For Respondent  :ADVOCATE GENERAL

The Hon'ble MR. Justice V.GIRI

 Dated :06/05/2008

 O R D E R
                             V.GIRI, J.
            -------------------------
            W.P.(C).No.35134, 37281 & 37825 of 2007,
                   2999, 4068, 6312, 6958, 7044,
                      8966 & 10275 of 2008
            -------------------------
               Dated this the 6th day of May, 2008.


                          JUDGMENT

Though the relief sought for by the petitioners in these

cases are not identical or even similar, the disposal of W.P.(C)

No.37281/07 will have an impact on the other writ petitions and

therefore, they have been heard together and are disposed of by

this common judgment. After referring to certain issues, I shall

take each one of the writ petitions. Reference is made to W.P.(C)

No.37281/07 in the first instance.

2. The first petitioner is an association registered under

the Travancore-Cochin Literary Charitable Societies Registration act

and is party to the National Federation of the Blind. 2nd and 3rd

petitioners, members of the 1st petitioner-association, are visually

handicapped persons. The grievance highlighted by the petitioners

in these writ petitions revolves around what they allege as failure

on the part of the Government and its officials to maintain the ratio

of 1 : 1 : 1 among the orthopaedically handicapped, deaf, dumb

and blind (visually impaired) persons in the matter of appointments

W.P.(C).NO.37281/07 & Con.cases

:: 2 ::

in the civil services against vacancies reserved for physically

handicapped persons.

3. The persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation Act, 1995 {hereinafter

referred to as “the Act”} was promulgated with a view to give

effect to the international proclamation of full participation and

equality of people with disabilities in the Asian and Pacific Region.

Section 33 of the Act mandates that the appropriate Government

shall provide for reservation of at least 3% of the vacancies in

every establishment for physically handicapped persons. The

provisions of the Act have an overriding effect and therefore it is

mandatory on the part of the Government to necessarily reserve

3% of the vacancies for physically handicapped persons. The Act

further provides that the vacancies for physically disabled should

be chosen in such a manner that the 3 particular categories of

physically handicapped get equal opportunities to get appointed

under the scheme and in this regard the ratio of 1 : 1 : 1 should

be maintained among the Orthopaedically handicapped, deaf and

dumb and the blind (visually impaired).

W.P.(C).NO.37281/07 & Con.cases

:: 3 ::

4. Taking note of Section 33 of the Act, the

Government issued Ext.P3 Government Order providing for a

scheme for physically handicapped persons in public services as

per the scheme appended to Ext.P3. Clause (3) of the said

scheme is relevant and is extracted hereunder:

“Three per cent of the vacancies arising in Class III

and Class IV categories shall be reserved for

appointment from physically handicapped persons.

The posts to which appointment will be made are

enumerated in Annexure I. The number of

appointments to be made each year in various

categories will be fixed annually by Government in

the Personnel and Administrative Reforms

Department on the basis of the number of

appointments made in the Class III and Class IV

posts (except N.J.D. vacancies) during the previous

year. The Government will collect in January each

year from the office of the Kerala Public Service

Commission details of the vacancies in Class III and

Class IV posts to which advice has been made by

the Public Service Commission excluding N.J.D.

vacancies. The list should contain the number of

advices made by each district office and head office

separately. Three percentage of the total number

of vacancies will be allocated among various

districts taking into account the number of

appointments made in each district. The posts

suitable for appointment of the different categories

of Physically Handicapped are given in Annexure II.

W.P.(C).NO.37281/07 & Con.cases

:: 4 ::

5. Under Ext.P3, the selection was to be done by a

committee consisting of the District Collector as the Chairman.

The appendix to the order also identifies the posts against which

the physically handicapped persons could be appointed.

Obviously, there were certain posts against which the concerned

physically handicapped persons may not be suitable for

appointment and therefore, the posts which are suitable for the

Orthopaedically handicapped, deaf, dumb and the visually

impaired persons have been separately identified in the Appendix

to Ext.P3 Government Order.

6. Even during the currency of Ext.P3, the

Government came out with Ext.P4 Government Order which, inter

alia, directed that those physically handicapped persons, who

were appointed on a provisional basis between 15.8.1998 and

15.8.1999 under Rule 9(a)(i) of Part II of the KSSR will be re-

engaged and regularized in service. Ext.P4 Government Order,

inter alia, provided that the concerned persons should have

completed 179 days during the period between 15.8.1998 and

15.8.1999. This court, in several writ petitions, directed that such

physically handicapped persons who have rendered services

W.P.(C).NO.37281/07 & Con.cases

:: 5 ::

during the aforementioned period, in such a manner that a

portion alone would fall within the aforementioned period, were

also entitled for the benefit of the Government Order and

accordingly the Government issued Ext.P5 order directing that

those among the disabled who got provisional service during the

period between 15.8.1998 and 15.8.1999 were entitled to re-

engagement, even if the entire period of 179 days of service did

not fall within the span aforementioned. The petitioners have no

grievance, as such, regarding the broad principle under which

Exts.P4 and P5 have been issued, but are particularly aggrieved

by two factors. They are firstly aggrieved by the fact that the

Government has not take any steps to maintain the internal ratio

of 1 : 1 : 1 among the physically handicapped persons, while

implementing Section 33 of the Act and Ext.P3 order. It is

contended that the posts to be reserved for physically

handicapped persons should have been identified in such a

manner that the internal ratio of 1 : 1 : 1 is maintained while

effecting appointments from physically handicapped persons.

Insofar as the implementation of Ext.P4 is concerned, it is

contended that more than 90% of the physically handicapped

W.P.(C).NO.37281/07 & Con.cases

:: 6 ::

persons, who were engaged on a provisional basis during the

period between 15.8.1998 and 15.8.1999, are Orthopaedically

handicapped persons and when Exts.:P4 and P5 were issued

giving a right of re-engagement to such physically handicapped

persons, it came about that an overwhelming majority of

physically handicapped persons, who turned out to be

beneficiaries of Exts.P4 and P5 orders are Orthopaedically

handicapped persons. Though the petitioners have no grievance

against the Orthopaedically handicapped persons also being

conferred a right of re-engagement, their grievance is that under

Exts.P4 and P5 order, the Government has made it clear that the

re-engagement being given to the physically handicapped persons

under Exts.P4 and P5 will first entail an appointment against the

backlog vacancies for the years subsequent to 2001. The net

result, according to the petitioners, is that in the course of

accommodating the physically handicapped persons, who were

engaged on a provisional basis between 15.8.1998 and

15.8.1999, the vacancies, which otherwise should have been set

apart for visually impaired persons and had turned out to be

backlog are also being filled up by Orthopaedically handicapped

W.P.(C).NO.37281/07 & Con.cases

:: 7 ::

persons. It is in these circumstances that the petitioners have

approached this court seeking a direction to the Government and

its officials to see that in filling up the 3% vacancies reserved for

physically handicapped persons, the internal ratio of 1: 1: 1

among the physically handicapped persons should be maintained

and the backlog vacancies, which otherwise must be made

available to visually impaired persons must be filled up only by

such persons and at any rate, enforcement of Exts.P4 and P5

orders should not result in the proportionate number of backlog

vacancies to be made available to visually impaired persons being

taken over by the Orthopaedically handicapped persons to the

detriment of the former.

7. A statement has been filed on behalf of the 1st

respondent. It is pointed out that various provisions of the Act are

being implemented in the State and in accordance with the

provisions of the Act, a scheme for direct recruitment of disabled

persons was drawn up as per Ext.P3 and it is being implemented.

Subsequently, in order to effectively implement the scheme, with

greater transparency and accountability, the selection process of

physically handicapped persons has been entrusted with the

W.P.(C).NO.37281/07 & Con.cases

:: 8 ::

Public Service Commission {for short “the Commission”}. The

Commission has taken up the recruitment process. Referring to

Exts.P4 and P5 Government Orders, it was pointed out that

Ext.P4 order came to be passed taking note of the directions

issued by this court in several writ petitions. Since the

provisionally appointed persons had to be re-engaged, it was not

possible to maintain the internal ratio of 1: 1: 1, while passing

Ext.P5 order. 603 number of physically handicapped persons

were ordered to be reinstated in service against the backlog

vacancies up to 2003 reserved for physically handicapped

persons. Paragraph 5 of the statement gives a gist of the action

taken by the government in this regard. It reads as under:

“All the 603 disabled persons who were appointed

during the period from 15.08.1998 to 15.08.1999

are ordered to be reinstated in service are persons

sponsored by the Employment Exchanges. The

recommendation of individuals and their

appointment for temporary employment through

Employment Exchanges are not done by observing

1 : 1 : 1 ratio amongst physically, visually and

hearing challenged individuals. Besides the duties

and functions attached to the posts to which they

were appointed were not assessed to be suitable

for the 2 categories of Blind and Deaf. It is

submitted that most of the posts enlisted in the

W.P.(C).NO.37281/07 & Con.cases

:: 9 ::

G.O.(P)85/07/SWD dated 30.11.07 are posts

meant for the Orthopaedically challenged. Out of

the 603 persons, 555 belong to the

orthopaedically handicapped and there are only

33 visually challenged and 15 hearing impaired.

Vide G.O.(P)No.50/07/SWD dated 15.09.2007 the

selection of Class III and IV was changed from

the District Collectors to the Kerala Public Service

Commission. In addition to the above 603

persons, as on 30.09.2007, there were 25

orthopaedically handicapped, 13 hearing impaired

and 6 visually impaired persons pending

appointments from the select lists prepared by

the District Collectors of Thiruvananthapuram and

Malappuram.

8. The petitioners have filed a reply statement. They

point out that the Government was obliged to maintain the

internal ratio of 1: 1: 1 while effecting appointments to the 3%

vacancies reserved for physically handicapped persons and

whatever be the justification for issuing Ext.P5 order, it should

not have been done in such a manner as to deprive the visually

impaired persons of the vacancies which rightfully belonged to

them. While recognizing a right of re-engagement of physically

handicapped persons, who were provisionally engaged between

15.8.1998 and 15.8.1999 it should not have resulted in upstaging

W.P.(C).NO.37281/07 & Con.cases

:: 10 ::

the visually impaired persons from being considered against the

vacancies which ought to have been filled up only by visually

handicapped persons.

9. I heard learned counsel for the petitioners

Sri.Abdul Rasheed and learned Advocate General

Sri.C.P.Sudhakara Prasad along with Senior Government Pleader

Sri.Nandakumar in the aforementioned writ petition. I also heard

the counsel who appeared for the various parties, who have got

themselves impleaded.

10. The petitioners are right in contending that a

minimum of 3% vacancies in public employment is mandatorily

reserved for physically handicapped persons. The petitioners are

also right in contending that the internal ratio of 1:1:1 is to be

maintained while filling up the vacancies reserved for physically

handicapped persons. A strict implementation of Ext.P3

Government Order could not have resulted in any grievance by

the visually impaired persons that the ratio is not adhered to. But

the internal ratio was admittedly not being adhered to when the

Government decided to re-engage the physically handicapped

persons, who were provisionally engaged during the period

W.P.(C).NO.37281/07 & Con.cases

:: 11 ::

between 15.8.1998 and 15.8.1999. Sri.Rasheed is right in

contending that this situation came about because in provisionally

engaging physically handicapped persons between 15.8.1998 and

15.8.1999 the various heads of offices did not kept in mind the

internal ratio of 1:1:1. Thus, when a right of re-engagement was

given to physically handicapped persons, who were engaged

provisionally between 15.8.1998 and 15.8.1999 it consequently

resulted in an overwhelming number of Orthopaedically

handicapped persons getting re-engaged and regularized in

services. Learned counsel for the petitioners submits that they do

not have a grievance against such right of re-engagement being

given to Orthopaedically handicapped persons. But the real

grievance arises when enforcement of Exts.P4 and P5

Government Orders is against the backlog vacancies of physically

handicapped persons up to the year 2003. Since overwhelming

number of physically handicapped persons engaged during the

period between 15.8.1998 and 15.8.1999 were Orthopaedically

handicapped persons, this has resulted in the vacancies which

otherwise should have been set apart for visually handicapped

W.P.(C).NO.37281/07 & Con.cases

:: 12 ::

and hearing impaired persons also being made available to

Orthopaedically handicapped persons.

11. The petitioners are right in submitting so. In

fact, that the ratio was not adhered to is admitted in the

statement filed on behalf of the 1st respondent; that the ratio is to

be clearly adhered to is also fairly admitted in the statement.

12. Learned Advocate General Sri.C.P.Sudhakara

Prasad, on instructions, submits that Ext.P5 order came to be

issued to effect compliance with the directions issued by this

court in several judgments directing that the benefit of Ext.P4

Government Order to be given to all those physically handicapped

persons, who were engaged between 15.8.1998 and 15.8.1999,

even if only a portion of the service rendered by them fall within

such time. Learned Advocate General submits that the

Government has taken a decision to the effect that all physically

handicapped persons, viz., Orthopaedically handicapped, hearing

impaired and visually impaired, who have rendered service during

the period between 15.8.1998 and 15.8.1999 will be re-engaged

and regularized in service. The submission made by the learned

Advocate General is recorded.

W.P.(C).NO.37281/07 & Con.cases

:: 13 ::

13. Learned Advocate General further submits that

the Government has already decided to entrust the special

recruitment to the vacancies set apart for physically handicapped

persons to the Commission. The posts, which are suitable for

physically handicapped persons have been identified in Ext.P3

Government Order. But before the Commission commences

recruitment, the eligibility criteria may have to be laid down or in

some cases, revised or modified. This is a time consuming

process. But the Government is taking all earnest efforts to see

that minimum 3% vacancies, which have arisen in all the

departments in the Government from the year 2004 onwards, will

be filled up only by physically handicapped persons. Learned

Advocate General further submits that in effecting such

appointments, the Government will ensure that the appointments

will be effected by maintaining the internal ratio of 1: 1: 1 among

the Orthopaedically handicapped, hearing impaired and visually

impaired persons. Necessary intimation will be given by the

Government to the Commission in this regard and special

recruitment from here onwards will adhere to the broad

classification amongst the physically handicapped persons and the

W.P.(C).NO.37281/07 & Con.cases

:: 14 ::

ratio of 1:1:1 among the three broad categories of physically

handicapped persons. This submission is also recorded.

14. Though the learned counsel for the petitioners is

right in submitting that the re-engagement of physically

handicapped persons under Exts.P4 and P5 orders should not

result in the internal ratio being violated as such, I refrain from

interfering with any of the appointments effected as per Ext.P5

order essentially for two reasons: Firstly, the Government came

to issue Ext.P5 order to effect compliance with the directions

issued by this court in several judgments. Secondly, the

beneficiaries of Ext.P5 are also physically handicapped persons,

though they come under a separate category. An interference

with such appointments for the purpose of maintaining the

internal ratio even among the backlog vacancies would result in

serious detriment and hardship to equally deprived category of

employees. In the circumstances, I think, it is appropriate that

the respondents be directed to take ameliorative measures to

redress the grievance of the visually impaired persons, but

without affecting the appointment of the other physically

handicapped persons who are the beneficiaries of Exts.P4 and P5.

W.P.(C).NO.37281/07 & Con.cases

:: 15 ::

15. In the result, the Government is directed to take

steps to implement the following directions:

(a) The Government will first identify the different

posts in Class III, IV, II and I, suitable for

appointment of the physically handicapped

persons. Though this has now been done in

Appendix to Ext.P3 Government Order, it will be

appropriate that comprehensive orders are passed

identifying the different posts in the different

departments, wherein the 3% of the vacancies will

necessarily have to be filled up by physically

handicapped persons. This direction is being issued

taking note of the fact that Ext.P3 Government

Order was issued about 10 years back and it will

be appropriate that an updating exercise be done

for identifying the different posts and making it

current for the purpose of special recruitment. The

exercise involving identification of the posts shall

be done at the earliest, as undertaken by the

learned Advocate General and at any rate, within a

period of six months from today.

(b) The Government and the Commission shall, in the

course of conducting special recruitment, fill up

the vacancies to be filled up by physically

handicapped persons, in such a manner that the

internal ratio, as contemplated by Section 33 of the

Act, is maintained. The Government shall ensure

that one category of physically handicapped

persons does not entertain a grievance against

another category of physically handicapped

persons. As undertaken by the learned Advocate

W.P.(C).NO.37281/07 & Con.cases

:: 16 ::

General, orders containing the guidelines to be

followed by the Government and the Commission

in the manner of such special recruitment shall be

issued as early as possible. I refrain from fixing a

time limit for this exercise essentially taking note

of the submission made by the learned Advocate

General that it may not be possible to fix a rigid

time for this time consuming part of the exercise.

(c) In filling up the vacancies from 2004 onwards,

which is to be done by the Commission, the

Government and the Commission shall ensure that

the internal ratio of 1:1:1 among the

Orthopaedically handicapped, hearing impaired

and visually impaired, is maintained.

(d) Of course, in maintaining the ratio, the

Government and the Commission would obviously

take note of the peculiarities of the duties attached

to a post and a possible inability by a particular

category of physically handicapped persons to

discharge the duties in the said post. The

Government is at liberty to keep these features in

mind in issuing guidelines in maintaining the

internal ratio.

(e) The submission made by the learned Advocate

General that all the physically handicapped

persons who were provisionally engaged between

15.8.1998 and 15.8.1999 will be re-engaged, is

recorded and the Government is directed to see

that this is implemented without any dilution.

(f) Insofar as the vacancies up to the year 2003 are

concerned, the Government shall take note of the

number of vacancies which ought to have been set

W.P.(C).NO.37281/07 & Con.cases

:: 17 ::

apart for visually impaired and hearing impaired

persons amongst the said vacancies up to the year

2003, in maintaining the ratio of 1:1:1 and in

making a requisition to the Commission to fill up

the vacancies from the year 2004, the Government

shall ensure that the claims made by any visually

impaired or hearing impaired persons, which

otherwise could have been satisfied if the ratio of

1:1:1 is adhered to even against the vacancies up

to 2003 are, as far as possible, recouped in the

course of appointing physically handicapped

persons against the vacancies from 2004 onwards.

If this exercise requires adjustment of the

vacancies which arise beyond 2008 also, then the

same shall also be done, to see that the process of

recouping is done as completely as possible.

16. All interim orders shall stand vacated.

W.P.(C)No.35134/07

17. The above writ petition has been filed by an

Orthopaedically handicapped person, who is an applicant for the

post of Junior Health Inspector Grade II and is included in the

rank list. The petitioner essentially seeks a direction to appoint

him by enforcing Ext.P4 rank list against the vacancy which ought

to be reserved for a physically handicapped person. The relief

sought for by the petitioner, if granted, would involve a direction

to the Government and the Commission to apply the ratio of

W.P.(C).NO.37281/07 & Con.cases

:: 18 ::

physically handicapped persons against a general recruitment

which was undertaken by the Commission. In my view, this

would not be appropriate. If the petitioner’s turn arises in the

course of enforcement of the rank list, obviously he would be

entitled to advice and appointment. But, even otherwise, the

petitioner would be entitled to be considered for appointment not

only to the post of Junior Health Inspector, but to any other post

to which he could legitimately apply as being eligible and it is

certain that his claim would be considered in the course of the

special recruitment which the Government is to undertake as

already discussed above.

18. Subject to eligibility, the petitioner obviously

would have a right to be considered and it is so declared.

W.P.(C)No.4068/08

19. The petitioner is a physically handicapped

person, who had worked during the period between 13.8.1998

and 08.10.1998. The petitioner is entitled to re-engagement in

terms of Exts.P4 and P5 orders and Ext.P11 Government Order

makes it clear that the re-engagement is made applicable to the

W.P.(C).NO.37281/07 & Con.cases

:: 19 ::

employees in Local Authorities also. Ext.P7 is a representation

pending before the 1st respondent.

20. In the result, the 1st respondent is directed to

look into Ext.P7 in the light of Ext.P3 Government Order and in

the light of the undertaking given by the learned Advocate

General and recorded above. Needful shall be done within three

months from the date of receipt of a copy of this judgment along

with a copy of the writ petition.

W.P.(C)No.2999/08

21. The petitioners are physically handicapped

persons with 40% loco motor disability. They are essentially

aggrieved by the delay on the part of the Government in taking

appropriate steps for special recruitment and that this should be

done against the backlog vacancies of 2004 onwards. In my

view, the comprehensive directions, which have been issued in

W.P.(C)No.37281/07, will take in all the interests of the

petitioners herein also. It may not be possible to fix a rigid time

for the Government to issue comprehensive guidelines regarding

the manner in which the special recruitment is to be conducted.

W.P.(C).NO.37281/07 & Con.cases

:: 20 ::

W.P.(C)No.10275/08

22. The petitioner, who was a physically handicapped

person with 40% Orthopedic Physical disability, is aggrieved by

the fact that, though he was engaged on a provisional basis as a

Village man between 15.8.1998 and 15.8.1999 as evidenced by

Exts.P3 to P5, he is yet to be re-engaged. Ext.P8 comprehensive

representation is pending before the Government. In view of the

undertaking given by the learned Advocate General, I have no

doubt in my mind that the Government will consider the case of

the petitioner and issue orders of re-engaging him in service. To

enable the Government to do so, the petitioner is directed to

submit a comprehensive representation before the Government

within one month from the date of receipt of a copy of this

judgment along with a copy of the writ petition, in which case,

the Government will pass suitable orders within three months

thereafter.

W.P.(C)No.6312/08

23. The petitioner, a physically handicapped person,

was appointed as an HSA by the Deputy Director of Education as

per Ext.P1 order and she discharged her duties between

W.P.(C).NO.37281/07 & Con.cases

:: 21 ::

15.8.1998 and 15.8.1999. Her claim for appointment was

directed to be considered under Ext.P2 judgment and P3 order

was passed by the Government requiring the Deputy Director to

issue an order of appointment. Though the petitioner has

approached the 2nd respondent to receive the order and join duty,

she is yet to be given posting orders. Apparently, this was

because of the pendency of W.P.(C)No.37281/07.

24. The only direction now required, in the light of

the disposal of W.P.(C)No.37281/07, is one to the 2nd respondent

to see that the petitioner is given posting orders in the light of

Ext.P3 order at the earliest, at any rate, within three months from

the date of receipt of a copy of this judgment. It is so directed.

W.P.(C)No.8966/08

25. The petitioner a physically handicapped person,

who had rendered service as a Lower Division Binder between

7.5.1999 and 22.11.1999, as evidenced by Ext.P3, is entitled for

re-engagement and regularization as directed in Ext.P3. Ext.P8

representation is pending before the Government. Taking note of

the undertaking given by the learned Advocate General that all

persons, who have rendered provisional service during the period

W.P.(C).NO.37281/07 & Con.cases

:: 22 ::

between 15.8.1998 and 15.8.1999 shall be re-engaged and

regularized in service, I direct the 1st respondent to consider and

pass appropriate orders on Ext.P8 within a period of one month

from the date of receipt of a copy of this judgment.

W.P.(C)No.7044/08

26. The petitioner, a physically handicapped person,

had rendered provisional service from 2.8.1999 to 27.1.2000 in

the Mavelikkara Municipality. The petitioner is entitled to re-

engagement and regularization of service. Taking note of the

averments in the writ petition and the fact that the petitioner’s

claim is justified, the 2nd respondent is directed to see that the

petitioner is issued orders of posting in terms of Ext.P5 order

within one month from the date of receipt of a copy of this

judgment.

W.P.(C)No.6958/08

27. The petitioner is an Orthopaedically handicapped

person, having disability in excess of 40%. The petitioner prays

for a direction that she be considered for appointment as part-

time menial in the Department of Education. The only direction

which could be issued in this regard is one to the petitioner to

W.P.(C).NO.37281/07 & Con.cases

:: 23 ::

approach the Government with a grievance. Accordingly, if the

petitioner files a comprehensive representation before the first

respondent, it shall be looked into and a suitable decision taken

thereon within a period of three months from the date of receipt

of a copy of this judgment.

W.P.(C)No.37825/07

28. The petitioner, a post graduate in law, is

physically challenged with more than 40% disability. The

petitioner is included in a rank list published on 31.12.2005 for

the post of Municipal Secretary Grade II. Essentially, the

petitioner prays for a direction to the Government and the

Commission to apply the ratio available to physically handicapped

persons against a rank list published at the end of a general

recruitment undertaken by the Commission. The rank list has

expired on 31.12.2007. The petitioner cannot seek a direction to

apply the ratio to the rank list which has been published by the

Commission at the culmination of a general recruitment. If the

petitioner’s turn comes, then obviously, she is entitled to be

considered and it is so declared. But, even otherwise, the

petitioner would be entitled as and when a special recruitment is

W.P.(C).NO.37281/07 & Con.cases

:: 24 ::

undertaken by the Government and the Commission, as already

directed in W.P.(C)No.37281/07. The right of the petitioner to be

considered is also declared and no further direction is call for in

this writ petition.

The writ petitions are disposed of as above.

Sd/-

(V.GIRI)
JUDGE
sk/

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